Rhodes Ex Rel. Jones v. Chesson
Supreme Court of North Carolina
This was an action of debt, originally commenced by warrant, and carried by successive appeals to the Superior Court of Washington county. On the trial, before his Honor Judge Manly, at June Term, 1853, the plaintiff exhibited in evidence a bond executed by the defendants, and proved its due execution.
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This was an action of debt, originally commenced by warrant, and carried by successive appeals to the Superior Court of Washington county. On the trial, before his Honor Judge Manly, at June Term, 1853, the plaintiff exhibited in evidence a bond executed by the defendants, and proved its due execution. To sustain the plea of payment, the defendants introduced one James E. Rhodes, who testified that after the bond became due, and before suit, he had a conversation with the, plaintiff Rhodes, and that the plaintiff stated, that he had borrowed notes of the defendant, J. B. Chesson, and that he…
1Opinion of the CourtPeaeson, J.
The only question is the construction of the contract, and we are to take the terms as stated by the witness. His Honor was of opinion that the legal effect was a payment of the bond sued on. We have come to a different conclusion.
At common law a bond could not be discharged except by an instrument under seal, eo ligamine quo ligatur.
The statute of Ann allows the plea of “ payment.” Payment may be made either in money, or in money’s worth ; but to amount to a payment, the thing must be done, the money must be paid, or the thing taken as money must be passed so as presently to become the…
2Cited by3 opinions
- Spragins v. . WhiteSupreme Court of North Carolina · 1891
- McNeer, Talbott & Johnson v. C. & O. Ry. Co.West Virginia Supreme Court · 1915
- Home Ins. Co. of N.Y. v. CardwellCourt of Appeals of Kentucky (pre-1976) · 1933